HomeMy WebLinkAbout04-11 PC Staff ReportCONDITIONAL USE PERMIT #04-11
CHRISTOPHER DeCANIO & JANET DeCANIO
Staff Report for the Planning Commission
Prepared: March 14, 2011
Staff Contact: Mark R. Cheran, Zoning and Subdivision Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 04/20/11 Pending
Board of Supervisors: 05/11/11 Pending
EXECUTIVE SUMMARY:
This is a request for a Cottage Occupation - Counseling Office.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall provide and delineate two (2) parking spaces for this use.
3. No signage allowed.
4. No more than eight (8) clients per day.
5. Any expansion or change of use shall require a new Conditional Use Permit
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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CUP #04-11, Christopher DeCanio & Janet DeCanio
March 14, 2011
LOCATION: This property is located at 1445 Senseny Road.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54-A-133
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Land Use: Residence
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Land Use: Residence
South: RP (Residential Performance) Land Use: Residence
East: RP (Residential Performance) Land Use: Residence
West: RP (Residential Performance) Land Use: Open Space
PROPOSED USE: This application is for a Cottage Occupation - Counseling Office.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 657, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Frederick County Fire Marshall: Plans approved as submitted.
Frederick County Inspections: Buildings shall comply with The Virginia Uniform Statewide
Building Code and Section 304-B, Business Use Group of the International Building Code/2003.
Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities.
Change of Use for Conditional use of existing garage as counseling service within existing
Residential R-5 shall comply with ANSI A117 & International Building Code for entrance and
parking. Electrical, Mechanical and Plumbing permits may be required in addition to a building
permit. Existing garage will require a building permit to change into office (future). Mechanical
venting per IMC if deemed required. Please submit floor plan at time of application for building
permit application. Plan should indicate materials used in constructing any partitions. (i.e., 2x4
@24” oc.)
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CUP #04-11, Christopher DeCanio & Janet DeCanio
March 14, 2011
Frederick County Department of Public Works: No comments
Frederick County Sanitation Authority: There is adequate sewer capacity and water capacity
and pressure to serve this site.
Frederick-Winchester Health Department: Health Department has no objections to the
request so long as public water and sewer are utilized.
Planning and Zoning: Cottage occupations are allowed within the RP (Residential
Performance) with an approved Conditional Use Permit (CUP). This proposed cottage
occupation will be conducted within the residence, and ultimately will move to a garage
converted for the use, separate from the residence. This proposed use will have no more than
eight (8) clients per day. Access to this property will be via Senseny Road on an existing
driveway and two parking spaces will be required for this use. The property is surrounded by
residential properties, and based on the limited scale of this proposed use and evaluation of the
property, it appears that this proposed use would not have any significant impacts on the
adjoining properties.
STAFF CONCLUSIONS FOR THE 04/20/11 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall provide and delineate two (2) parking spaces for this use.
3. No signage allowed.
4. No more than eight (8) clients per day.
5. Any expansion or change of use shall require a new Conditional Use Permit
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.